Common use of Investment Advisers Act of 1940 Clause in Contracts

Investment Advisers Act of 1940. Investment Adviser covenants that it is duly registered as an Investment Adviser with the Securities and Exchange Commission pursuant to the Investment Advisers Act of 1940, as amended (the “Adviser Act”). The Division hereby acknowledges that, not less than 48 hours before the date it has executed this Agreement, it received from Investment Adviser a copy of Part II of Investment Adviser’s Form ADV. This Agreement shall not be assigned (as that term is used in the Advisers Act) by either party without the prior written consent of the other party.

Investment Advisers Act of 1940. Investment Adviser covenants that it is duly registered as an Investment Adviser investment adviser with the Securities and Exchange Commission pursuant to the Investment Advisers Act of 1940, as amended (the “Adviser Advisers Act”). The Division hereby acknowledges that, not less than 48 hours before the date it has executed this Agreement, it received from Investment Adviser a copy of Part II 2A and Part 2B of Investment Adviser’s Form ADV. This Agreement shall not be assigned (as that term is used in the Advisers Act) by either party without the prior written consent of the other party.